Ibori: Stand-off between judge and lawyer over procedure

Just of a suddenly, the London confiscation case against Delta State’s former governor, Chief James Ibori has turned into a face-off between Ibori’s lead counsel, Mr. Ivan Krolic (QC) and the trial judge, Mr. Anthony Pitts.

The judge and the Crown Prosecution had wanted the case to start afresh, so that new materials could be brought up against Ibori, even after both sides had cross-examined witnesses and almost closed their cases. At the last hearing of the matter on Friday, the case appeared to be between the judge and the defence counsel instead of between the prosecution, who said little, and the defence, as the court continued to discuss the bone of contention that was not concluded on Wednesday. As the exchange heated up in open court, over the procedure to be adopted, defence counsel insisted that nothing in law justified the decision to start afresh a case that was due for judgment. On points of law, Krolic said that the decision has “no precedent in law.” The judge, Anthony Pitts asked Mr. Krolic, “are you saying if in the course of a case and as the case unfolds, I noticed that I have made some decisions, are you saying I cannot revisit them?” Krolic: “Your Honour has no power to do so.” The judge not satisfied, asked Krolic again, “are you saying a judge can’t revisit a discretion applied, having realised some confusion as the case develops?” Krolic insisted, “once a decision is made by the court, you can’t undo it, you can’t retrace the past.” The judge said: “But the case could be reopened.” Krolic: “If the case is re-opened, it will be a different case entirely. Judge: “Why is it a different case?” Krolic: “The real problem is that the defence would now have to satisfy the burden of proof, taking it away from the prosecution. “It will be a waste of money, waste of time and it will take the burden of proof from the prosecution to the defendant, which will be difficult to do as it will mean that the defendant will have to travel to everywhere the prosecution claimed he transferred money to and has property either in America, Nigeria, England, everywhere and you know the defendant has suffered a lot of prejudices since this case started.” As though Krolic had not giv - See more at: http://www.vanguardngr.com/2014/04/ibori-stand-judge-lawyer-procedure/#sthash.XsZPch2f.dpuf